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CONSTITUTION 


OF 


The  Evangelical  Lntoaq  jjjnod 
and  Hpnigfarimg 


OF 


IJortl?  Carolina. 


ADOPTED  AUGUST  27-28,  1889. 


newberry,  s.  c. 

auli,  &  houseal,  publishers. 

i8qo. 


CONSTITUTION 


OF 


The  Evangelical  Lutkrai]  j^nod 
and  SJini^er'iunj 


OF 


IJortli  Carolina. 


NEWBERRY,    S.    C. 
AUI.I,   &   HOUSKAI,,    PUBLISHERS. 


Adopted  at  the  Called  Session 

Held  August  2jth  arid  28th,   1889,  in 

St.   John's   Evangelical   Lutheran    Church, 

Salisbury,    N.    C. , 

Rev.    Chas.  B.  A"i?io-,  Pastor. 


CONSTITUTION 

OF 

Ttie  Evangelical  Lutheran  Synod 
•  and  Ministeriuiii 


OF 

NORTH    CAROLINA, 

Adopted  August  27-28,   1889. 


CHAPTER  FIRST. 

OF     THE    SYNOD. 

7.-0/  the    Faith. 

The  Evangelical  Lutheran  Synod  of  North  Carolina 
confesses  that  the  Canonical  Books  of  the  Old  and  New 
Testaments  are  the  Word  of  God,  given  by  inspiration 
of  the  Holy  Ghost,  and  are  the  clear,  only,  and  sufficient 
rule  of  faith;  that  the  three  General  Creeds, — Apostles, 
the  Nicene,  and  the  Athanasian, — exhibit  the  faith  of 
the  Church  universal,  in  accordance  with  this  rule;  that 
the  unaltered  Augsburg  Confession  is,  in  all  its  parts,  in 
harmony  with  this  rule  of  faith,  and  is  a  correct  exhibi- 
tion of  its  doctrine;  and  that  the  Apology,  the  larger 
and  smaller  Catechisms  of  Luther,  the  Smalcald  Articles, 
and  the  Formula  of  Concord,  are  a  faithful  development 
and  defence  of  the  doctrines  of  God's  Word  and  of  the 
Augsburg  Confession.  All  her  questions  concerning  the 
faith  of  the  Church,  its  Ministers  or    Cono-resations,  and 


the  administration  of  the  Word  and  Sacraments,  shall  be 
judged  and  decided  according  to  this  rule  and  these 
confessions. 

II. — Of  the  Membership. 

This  Synod  shall  consist  of  such  ordained  Lutheran 
Ministers  and  such  Lay-Delegates  duly  authorized  to 
represent  the  congregations  or  charges,  in  unity  with  the 
faith  defined  in  Article  I,  as  are  now  in  connection  with 
it,  or  shall  be  regularly  received  into  its  connection,  as 
hereinafter  provided. 

III. — Of  the  Duties  and  Powers. 

The  objects,  duties,  and  powers  of  this  Synod  are  and 
shall  be :  To  maintain  and  perpetuate  the  preaching  of 
the  pure  Word  of  God  and  the  right  administration  of 
the  Holy  Sacraments;  to  uphold  proper  discipline,  pro- 
mote good  order,  and  foster  unity  of  spirit,  harmony  of 
action  and  charity  among  its  members;  to  devise  and 
execute  plans  for  the  education  and  multiplication  of  a 
godly  and  efficient  ministry;  to  ordain  fit  men  to  the 
holy  office,  and  to  suspend  or  depose  those  who  dishonor 
it  by  false  teaching  or  a  wicked  life;  at  its  discretion,  to 
receive  and  act  on  questions  of  doctrines,  worship,  duty, 
or  discipline ;  to  see  that  the  provisions  of  its  constitu- 
tion, laws,  agreements,  and  resolutions  are  duly  observed; 
to  examine  and  decide  on  charges  regularly  preferred 
against  its  members ;  to  prosecute  the  work  of  missions, 
at  home  and  abroad;  to  recommend  books  suitable  for 
use  in  public  worship  and  pastoral  instruction;  to  foster 
institutions  of  learning  and  agencies  for  the  relief  of 
poverty  and  suffering,  especially  among  orphans  and 
widows,  and  the  families  of  disabled  or  deceased  clergy- 
men; to  solicit,  receive,  hold,  and  disburse  funds  for 
these  and  other  charitable,  Church  and  educational  pur- 
poses ;  to  receive  or  dismiss  ministers  and  congregations, 
and  institutions;  and  to  determine  its  connection  and 
relations  with  other  ecclesiastical  bodies. 


CHAPTER  SECOND. 

OF    THE    DISTRIBUTION    OF    FUNCTIONS    AND    POWERS. 

The  exercise  of  the  functions  and  powers  of  this  Synod 
shall  be  distributed  into  three  departments:  1.  The 
Synod.  2;  The  Ministerium.  3.  The  District  Confer- 
ences. 

1. — Of  the   Synod. 

1.  The  Synod  shall  consist  of  all  the  ministers  in 
regular  connection  with  it,  together  with  all  the  lay- 
delegates  duly  authorized  to  represent  the  congregations 
or  charges  in  connection  with  it. 

2.  All  legislative  and  judicial  powers  shall  be  vested 
in  the  Synod,  excepting  only  the  examination  of  ques- 
tions touching  the  qualifications,  ordination  and  recep- 
tion of  ministers,  and  of  charges  of  heresy. 

3.  A  regular  meeting  of  Synod  shall  be  held  once  in 
every  year,  at  the  time  and  place  appointed;  and  one- 
third  of  the  ministers  belonging  to  Synod,  with  the  lay- 
delegates  of  the  Synod,  shall  constitute  a  qxiorum. 

4  Special  meetings  may  be  called,  or  the  time  and 
place  of  the  regular  meeting  changed,  by  the  President, 
at  the  request  of  one-fifth  of  the  ministers,  the  other 
officers  consenting;  but  nothing  shall  be  transacted  at  a 
special  meeting  except  the  particular  business  for  which 
it  was  called. 

5.  In  the  investigation  of  a  charge  against  a  minister, 
Synod  shall  have  power  to  cite  any  Church  member 
within  its  bounds  to  appear  before  it,  and  to  endeavor 
to  obtain  other  witnesses  when  the  case  may  require    it. 

II. — Of  the  Ministerium. 

1.  The  ordained  members  of  the  Synod  shall  consti- 
tute the  Ministerium.  • 

2.  To  the  Ministerium  shall  belong  the  duty  of  ex- 
amining the  qualifications  of  applicants  for  reception  or 
ordination,  and  charges  of  heresy  in  doctrine:  but  no 
other  business  shall  be  transacted   by  the   Ministerium, 


except  such  as  the  Synod  may  refer  to  it.  But  this  shall 
not  be  so  construed  as  to  prevent  it  from  holding  a 
colloquium  at  any  time. 

3.  The  Ministerium  shall  hold  its  sessions  in  connec- 
tion with  the  annual  meeting  of  the  Synod:  Special 
meetings  are  subject  to  the  same  regulations  as  for  the 
meetings  of  Synod;  and  one-third  of  the  ministers 
belonging  to  the  Synod  shall  constitute  a  quorum. 

4.  At  each  annual  meeting  of  the  Synod  the  first 
regular  session  of  the  Ministerium  shall  be  called  when 
the  committee  to  examine  applicants  for  ordination  or 
admission  into  the  Synod  is  prepared  to  report.  Other 
sessions  during  the  annual  meeting  of  Synod,  may  be 
called  by  the  President,  or  as  otherwise  determined, 
according  to  necessity. 

177. — Of  the  District  Conferences. 

1.  The  District  Conferences  shall  consist  of  the 
ministers  of  this  Synod,  located  within  a  given  territory, 
as  from  time  to  time  determined  by  Synod,  together 
with  a  duly  accredited  lay-delegate  from  each  pastorate 
within  the  aforesaid  territory. 

2.  Every  minister  belonging  to  the  Synod,  residing 
within  the  bounds  of  a  Conference,  shall  by  virtue  of 
these  facts  belong  to  that  Conference :  and  if  any  por- 
tion of  a  charge  is  hot  within  the  boundary  lines  of  a 
Conference  District,  the  place  at  which  the  pastor 
resides  shall  determine  to  which  Conference  he  and  his 
pastorate  belong. 

3.  Each  Conference  shall  meet  at  least  twice  in  each 
year,  and  as  much  oftener  as  circumstances  may  require; 
and  one-third  of  the  ministers  belonging  to  a  Conference, 
together  with  the  lay-delegates  present,  shall  constitute 
a  quorum.   » 

i.  Special  meetings  may  be  called  by  the  President  of 
Synod,  the  President  of  Conference,  or  as  may  be  other- 
wise determined  by  Conference  itself. 

5.  The  work  and   office  of   the  District    Conferences 


shall  be,  to  give  attention  to  the  local  interests  of  the 
Churches  within  their  bounds;  to  assist  in  carrying  out 
the  regulations  and  resolves  of  Synod;  to  constitute  new 
charges  and  aid  in  the  supply  of  vacant  congregations 
with  the  means  of  grace ;  to  examine  and  decide  in  cases 
of  discipline  and  of  appeals  from  decisions  of  Church 
Councils;  to  consider  and  look  after  Mission  Fields,  and 
recommend  to  the  Board  of  Missions  points  of  impor- 
tance or  in  need  of  aid;  to  consider  and  discuss  theologi- 
cal, exegetical,  pastoral  and  practical  questions  for 
instruction  and  edification;  and  to  attend  to  such  other 
duties  within  their  territories  as  may  be  assigned  to 
them  from  time  to  time  by  Synod. 

0.  Each  Conference  shall  at  its  first  regular  meeting 
after  the  Annual  Convention  of  Synod  elect  a  President, 
whose  duties  shall  be  such  as  pertain  to  the  office  of 
chairman  of  a  deliberative  body. 

7.  In  recommendations  to  vacant  congregations  or 
charges,  or  in  cases  of  trouble  in  congregation  or  charge, 
requiring  official  attention,  the  President  of  Conference 
shall  give  his  assistance  and  advice,  but  he  shall  first 
confer  with  the  President  of  Synod. 

8.  The  President  of  each  Conference  shall  make  a 
written  report  of  all  his  official  acts,  with  an  abstract  of 
the  proceedings  of  Conference,  stating  also  the  condition 
and  wants  of  the  Church  within  its  bounds,  and  shall 
transmit  the  same  to  the  President  of  Synod  at  least 
three  weeks  preceding  the  annual  meeting  of  Synod. 

9.  Each  Conference  shall  have  a  Secretary,  whose 
duty  shall  be  to  give  due  notice  of  each  and  every  meet- 
ing, to  keep  and  preserve  a  regular  and  accurate  record 
of  its  proceedings,  in  a  book  kept  for  that  purpose,  and 
bring  the  same  to  the  annual  meeting  of  Synod. 

10.  Each  Conference  shall  also  have  a  Treasurer  to 
receive  and  disburse  funds  at  its  disposal ;  but  no  Con- 
ference shall  have  control  of  any  funds  of  Synod,  or 
make  appropriations  of  them. 

11.  A  Conference  may  adopt  for  itself  any  rules    and 


regulations  not  in  conflict  with  this  Constitution  and 
these  By-Laws;  but  all  proceedings  of  each  Conference 
shall  at  all  times  be  subject  to  the  revision  of  Synod. 


CHAPTER  THIRD. 

OF    THE    OFFICERS. 

1.  The  officers  of  this  Synod  shall  be  a  President,  a 
Vice-President,  a  Secretary,  and  a  Treasurer.  They 
shall  be  elected  at  the  opening  of  the  annual  meeting  of 
Synod.  Only  delegates  shall  be  eligible  to  these  offices, 
except  that  a  layman  may  be  chosen  to  the  office  of 
Treasurer. 

2.  The  term  of  office  shall  be  for  one  year,  but  the 
same  persons  are  re-eligible. 

3.  When  officers  are  elected  they  shall  at  once  be  in- 
stalled and  enter  upon  their  duties,  except  the  Treasurer, 
who  shall  first  comply  with  the  requirement  of  Section 
2,  prescribing  the  duties  of  the  Treasurer. 

4.  These  officers  shall  be  entitled  to  the  necessary  ex- 
penses incident  to  the  duties  of  their  offices,  and  to  such 
remuneration  as  the  Synod  shall  from  time  to  time  deem 
just,  and  direct  to  be  paid. 

5.  All  officers  of  Synod  and  of  the  Conferences  shall 
continue  in  office  until  their  successors  are  elected  and 
installed. 

I. —Of  the  President. 

1.  The  President  shall  preside  at  all  the  meetings  of 
Synod,  and  it  shall  be  his  duty  to  see  that  the  Constitu- 
tion, laws  and  decisions  of  Synod  are  duly  obeyed,  and 
its  resolutions  carried  into  effect.  It  is  an  important 
part  of  his  duty  to  give  counsel  to  every  member  of 
Synod  when  he  deems  it  expedient,  and  particularly  to 
advise  and  admonish  every  erring  brother.  If  he  has 
good  reason  to  believe  that  any  minister  is  living  in 
material  violation  of  the  Constitution,  it  is   his    duty   to 


9 


call  upon  the  individual  to    relieve  his    character   from 
said  imputation  before  Synod. 

2.  It  shall  pertain  to  the  President  to  attend  to,  or 
make  appointments  of  Committees  for,  the  installation 
of  pastors,  the  laying  of  corner-stones,  and  the  consecra- 
tion of  churches;  and  to  him  shall  all  applications  for 
such  purposes  be  made;  but  he  may  refer  such  applica- 
tions to  the  President  of  Conference  to  be  attended  to  by 
him. 

3.  At  the  opening  of  each  annual  meeting  of  Synod, 
he  shall  deliver  a  Synodical  Sermon;  or  if  unable  to 
fulfill  this  duty,  he  shall  appoint  another  member  to 
preach  in  his  stead. 

4.  In  connection  with  the  pastor  of  the  Church  in 
which  Synod  convenes,  he  shall  designate  the  persons  to 
fill  all  appointments  not  otherwise  provided  for. 

5.  He  shall  present  a  written  report  of  all  his  official 
acts  during  Synodical  year;  also  of  any  important  events 
that  have  transpired  in,  or  with  reference  to  Synod,  the 
condition  of  its  various  interests,  together  with  any  sug- 
gestions or  recommendations  which  he  may  deem  impor- 
tant to  the  Church,  that  the  whole  may  be  submitted  to 
the  consideration  of  Synod. 

6.  At  any  time  during  the  sessions  of  Synod  that  the 
President  may  desire  temporarily  to  vacate  the  chair  he 
may  do  so  by  requesting  the  Vice-President,  or  soma 
other  person,  to  take  his  place. 

II — Of  the   Vice-President. 

1.  Should  the  President  resign,  depart  this  life,  cease 
connection  with  Synod,  remove  beyond  its  limits;  or  be 
disabled  from  the  duties  of  his  office,  then  the  Vice- 
President  shall  exercise  all  the  rights  and  functions  of 
the  office  of  President  during  the  remainder  of  the'  term 
of  office  for  which  he  was  elected. 

2.  Should  the  Secretary  resign,  depart  this  life,  re- 
move from  the  Synod,  or  be  disabled  from  duty  during 
the   interval  between   its  meetings,  the  Vice-President 


10 

shall  take  charge  of  the  Secretary's  books,  papers,  &c, 
until  a  regular  Secretary  shall  be  elected;  and  until  such 
election  he  shall  discharge  all  the  duties  of  Secretary. 

Ill — Of  the  Secretary. 

1.  The  Secretary  shall  be  specially  charged  with  all 
the  dxities  of  the  office;  but  upon  his  nomination  an 
Assistant  Secretary  may  be  appointed,  who  shall  perform 
such  parts  of  the  Secretary's  work  as  he  may  assign  him. 

2.  He  shall  prepare  and  always  keep  on  hand  a 
correct  register  of  the  ministers  belonging  to  the  Synod 
with  the  dates  of  their  entrance  into  the  ministry,  and 
postoffice  address ;  also  a  similar  register  of  the  charges 
and  congregations  connected  with  the  Synod,  with  the 
names  of  the  pastors  serving  them,  and  of  the  lay- 
delegates  appointed  to  represent  them. 

3.  He  shall  keep  faithful  and  accurate  records  of  all 
the  proceedings  of  Synod  when  in  Synodical  or  Minis- 
terial Session,  and  shall  read  the  same  when  called  for, 
especially  at  the  opening  of  each  morning  session  after 
the  first,  and  at  the  conclusion  of  the  last,  the  same  may 
be  corrected  and  approved. 

■4.  He  shall  keep  on  hand  a  full  series  of  printed 
minutes  of  Synod,  and  bring  the  same  to  the  meetings 
of  Synod  for  official  reference.  He  shall  perform  all  the 
public  correspondence  of  this  body,  not  otherwise  pro- 
vided for,  relative  to  the  general  interests  of  the  Church, 
and  particularly  of  this  Synod.  He  shall  also  make  a 
minute  of  all  important  matters  which  may  be  communi- 
cated to  him  by  letter,  or  in  the  minutes  of  other  Synods, 
which  he  shall  present  to  Synod  at  its  regular  meeting 
in  the  form  of  a  report. 

5.  He  shall  have  charge  of  the  printing  of  the  minutes 
and  the  distribution  of  the  same,  as  the  Synod  shall 
direct. 

6.  He  shall  prepare  all  required  official  papers  or 
documents,  and  deliver  them  duly  certified  by  his  official 
signature  to  the  President,  and  shall  in  like  manner  keep 
and  attest  the  protocol. 


11 


7.  At  the  conclusion  of  each  meeting  of  the  Synod,  he 
shall  classify  and  arrange  all  important  papers  or  docu- 
ments placed  or  left  in  his  hands,  and  transmit  the  same 
to  the  Archivarius,  to  be  deposited  in  the  Archives,  to- 
gether with  a  list  of  what  is  so  deposited.  He  shall  also 
send  to  the  Archivarius  not  less  than  five  copies  of  the 
published  minutes  as  soon  as  issued  each  year. 

The  time  and  place  of  the  annual  meeting  shall  be 
published  by  the  Secretary,  in  one  or  more  church 
papers  in  circulation  in  the  Synod  for  four  weeks  pre- 
ceding the  meeting:  the  same  also  for  special  meetings,. 
at  least  two  weeks  prior  to  the  intended  meeting, 
designating  the  particular  business  to  be  transacted  at 
such  special  meeting. 

8.  Should  the  Vice-President  resign,  die,  cease  con- 
nection with  Synod,  or  be  disabled  from  attention  to  the 
duties  of  his  office,  the  Secretary  shall  exercise  all  rights 
and  functions  of  the  office  until  his  successor  has  been 
elected. 

IV. — Of  the   Treasurer. 

1.  The  Treasurer  shall  have  charge  of  all  the  money 
and  accounts  of  the  Synod,  its  deeds,  mortgages,  con- 
tracts and  evidences  of  claims  and  revenues. 

2.  On  entering  upon  his  office,  he  shall  give  bond  and 
security  to  the  President  of  Synod  for  the  faithful  per- 
formance of  his  duties,  in  such  amount  as  the  President 
and  the  Finance  Committee  shall  determine. 

3.  He  shall  be  responsible  for  the  safe  custody  of  all 
funds  and  evidences  of  interest  and  indebtedness  be- 
longing to  Synod,  and  shall  hold  the  same  at  all  times 
subject  to  its  order. 

4.  He  shall  receive  all  contributions,  donations, 
legacies  and  bequests,  made  to  Synod,  collect  all  dues, 
and  pay  all  appropriations  and  orders  according  to  the 
will  of  Synod. 

An  order  from  the  President,  attested  by  the  Secre- 
tary, on  the  Treasurer,  or  a  resolution  of  Synod,  shall  be 


12 


a  sufficient  voucher  for  him  to  pay  any  money  out  of  the 
Treasury. 

5.  With  the  advice  and  consent  of  the  Finance  Com- 
mittee he  shall  make  or  change  investments  of  funds  in 
his  charge,  in  the  name  of  the  Synod,  and  in  conformity 
with  the  laws  of  the  Commonwealth  of  North  Carolina 
respecting  funds. 

6.  He  shall  keep  a  separate  account  of  the  money 
designed  for  each  special  purpose,  and  annually  render 
a  full,  detailed  and  accurate  report  to  Synod  of  all 
receipts  and  disbursements  pertaining  to  the  several 
accounts  in  his  hands,  which  report  shall  be  duly 
audited. 

7.  Should  the  Treasurer  resign,  die,  remove  from  the 
Synod,  or  be  disabled  from  the  discharge  of  his  duties, 
during  the  interim  between  the  meetings  of  Synod,  the 
President  shall  call  a  meeting  of  the  Executive  Com- 
mittee, which  shall  elect  a  Treasurer  pro  tempore;  and 
the  Treasurer  thus  appointed  shall  fulfill  all  the  duties 
and  obligations  of  a  regularly  elected  Treasurer,  and  the 
President  shall  take  the  necessary  steps  to  secure  the 
delivery  to  him  of  all  moneys,  papers  and  accounts  of 
the  Synod  in  the  possession  of  the  previous  Treasurer. 

8.  If  the  Treasurer  elected  under  the  provisions  of  the 
preceding  section  should  fail  to  discharge  the  duties  of 
the  office,  the  President  shall  assume  all  the  duties  of 
Treasurer  until  the  next  annual  meeting  of  Synod. 


CHAPTER    FOURTH. 

OF    VOTERS    AND    ELECTIONS. 


1.  Each  minister  belonging  to  this  Synod,  and  each 
lay-delegate  accredited  as  representative  of  a  congrega- 
tion or  a  charge  connected  with  this  Synod,  shall  be 
equally  entitled  to  a  voice  and  vote  on  every  question  to 
be  decided  by  Synod,  except  that  on  all  questions  of  the 


13 


appropriation  and  apportionment  of  money  only  pastors 
in  charge  of  pastorates  shall  vote.* 

2.  All  regular  elections  shall  be  by  ballot. 

3.  When  an  election  is  to  be  held,  the  President  shall 
announce  it,  and  appoint  three  tellers  who  shall  receive 
and  count  the  ballots,  and  report  the  result. 

4.  When  a  President,  Vice-President,  Secretary,  or 
Treasurer  of  Synod  or  of  a  Conference  is  elected,  a 
majority  of  the  votes  cast  shall  be  necessary  to  an 
election. 

5.  In  all  other  elections,  the  persons  receiving  the 
highest  number  of  the  votes  cast  shall  be  declared 
elected,  provided  that  said  number  does  not  fall  below 
one-third  of  the  number  of  votes. 

6.  In  elections  requiring  principals  and  alternates, 
the  former  shall  be  elected  first,  and  the  latter  by  a 
separate  ballot  afterwards. 

7.  With  the  unanimous  consent  of  the  Synod,  or  a 
Conference,  these  requirements  may  be  suspended,  and 
an  individual  member  may  be  authorized  to  cast  the 
unanimous  vote  of  Synod  or  Conference  for  a  specified 
person  or  persons. 


CHAPTER  FIFTH. 

OF    COMMITTEES. 

1. — The  Executive  Committee. 

1.  There  shall  be  an  Executive  Committee  of  the 
Synod,  consisting  of  three  clerical  and  two  lay  members, 
to  be  elected  at  each  annual  meeting  of  Synod. 

2.  The  Executive  Committee  shall  hold  two  regular 
meetings  during  the  year,  the  first  at  the  adjournment  of 
the  annual  meeting  of  Synod,  and  the  other  six  months 
thereafter.     Three  members  shall  constitute    a   quorum. 

*Proposed  amendment  to  Section  1,  in  Chapter  Fourth: 
Changed  by  striking  out  all  after  Synod  in  the  last,  beginning 
with  "except.'' 


14 


Special  meetings  may  be  called  at  any  time  by  the  chair- 
man of  the  Executive  Committee. 

3.  The  Executive  Committee  shall  have  charge  of  the 
appropriation  of  money  during  the  interim  of  Synod,  for 
the  assistance  of  candidates  for  the  ministry  pursuing 
their  education. 

4.  It  shall  decide  in  the  interim  of  Synod  upon  appli- 
cations of  candidates  for  the  ministry  for  aid  from  Synod, 
and  shall  have  the  directions  of  the  studies,  and  over- 
sight of  the  conduct  and  progress  of  those  receiving  aid 
in  preparing  for  the  service  of  the  Church,  according  to 
the  regulations  prescribed  by  Synod  from  time    to   time. 

5.  It  shall  have  special  charge  of  any  mission  or  mis- 
sionary under  the  control  of  Synod,  and  such  mission- 
ary shall  make  quarterly  reports  to  it  of  the  condition 
•and  progress  of  the  work  in  his  charge. 

G.  The  Executive  Committee  shall  have  power  to 
■elect  its  own  Chairman  and  Secretary  and  all  necessary 
sub-committees  from  among  its  members  for  the  per- 
formance of  its  duties. 

7.  The  Executive  Committee  shall  make  report  at 
-each  annual  meeting  of  Synod  of  all  its  doings  during 
the  year,  of  the  students  and  missions  if  any,  under  its 
•care,  of  the  appropriations  and  expenditures  it  has  made, 
with  such  recommendations  to  Synod  as  it  shall  deem 
important  in  the  department  of  its  work. 

S.  All  money  intended  for  the  education  of  young 
men  for  the  ministry,  not  so  appropriated  by  Synod, 
shall  be  at  the  disposal  of  the  Executive  Committee,  and 
their  order  on  the  Treasurer  shall  be  a  sufficient  warrant 
.for  the  payment  of  the  same. 

II. — Of  the  Examining  Committee. 

1.  The  President,  at  the  conclusion  of  each  annual 
meeting  of  Synod,  shall  appoint  a  Committee  of  not  less 
than  three  discreet  and  well  qualified  clergymen  to  serve 
us  the  Examining  Committee  for  the  ensuing  year. 

2.  If  any  member  thus  appointed  decline  to  serve,    he 


15 


shall  give  timely  notice  to  the  President,  who,  in  such 
case,  shall  appoint  another  to  fill  the  vacancy.;  and  in 
case  of  the  disability,  death,  or  unavoidable  absence  of 
any  member,  the  President  shall  designate  some  other  to 
serve  in  his  stead. 

3.  The  duty  of  this  Committee  shall  be  to  examine  into 
the  qualifications  and  fitness  of  applicants  for  ordination; 
also  to  confer  with,  and  examine  credentials  of  all 
ordained  ministers  who  apply  for  admission  into  this 
body,  as  provided  in  Chapter  VII,  and  report  the  result 
at  the  first  session  of  the  Ministerium  during  the  annual 
meeting  of  Synod. 

4.  When  the  Examining  Committee  is  satisfied  that 
the  requirements  of  this  Constitution  and  By-Laws  are 
fulfilled  in  the  case  of  any  applicant,  it  shall  recommend 
his  ordination  or  reception;  but  in  no  case  shall  it  recom- 
mend an  applicant  of  whose  fitness  or  qualifications  it  is 
not  satisfied. 


CHAPTER   SIXTH. 

OF    INSTITUTIONS. 

1.  The  Institutions  of  this  Synod  shall  be  under  the 
government  of  Boards  of  Trustees,  who  shall  meet  semi- 
annually, and  as  often  at  intermediate  times,  as  they 
may  think  expedient,  said  Board  to  be  subject  to  the 
advice  and  control  of  this  Synod,  and  to  which  they 
shall  present  a  written  report  at  each  annual  meeting 
concerning  the  fiscal  state  and  prosperity  of  said  Institu- 
tions, and  such  recommendations  as  may  be  deemed 
advisable. 

2.  The  Board  of  Trustees  of  North  Carolina  College 
shall  consist  of  eighteen  Trustees — six  ministers  and  six 
laymen  of  the  Lutheran  Church,  and  six  from  other 
denominations.* 

♦Proposed  Hineniment  to  Section  2,  in  Chapter  Sixth: 
Last  clause  altered  to  read:  and  six  may  be  from  other  denomi- 
nations. 


16 


3.  The  Female  Seminary  Board  .shall  consist  of  twelve 
Trustees,  six  of  whom  shall  be  ministers  of  this  Synod, 
and  six  laymen,  members  of  the  Lutheran  Church. 


CHAPTER   SEVENTH. 

07    THE    EXAMIXATION    AND    RECEPTION    OF    MEMBERS. 

/. — Of  the  Reception  of  Ministers. 

1.  All  applications  for  ordination,  or  reception  of 
ministers  into  this  Synod  from  other  denominations, 
shall  be  made  to  the  President,  and  shall  by  him  be 
referred  to  the  Examining  Committee,  who  shall  report 
on  the  same  at  the  first  session  of  the  Ministerium,  or  as 
soon  thereafter  as  practicable.  And  upon  the  recom- 
mendation of  two-thirds  of  the  ministers  present,  the 
hnal  decision  shall  be  made  by  the  Synod. 

2.  Each  candidate  applying  for  ordination  must  be  of 
good  natural  ability,  and  give  satisfactory  evidence  of 
Christian  character  and  life,  as  well  as  of  attainment  in 
knowledge  and  grace ;  and  no  one  shall  be  ordained  with- 
out being  examined  as  to  his  fitness,  qualifications  for, 
and  call  to  the  Holy  Ministry,  nor  until  he  is  twenty-one 
years  of  age. 

3.  The  examination  of  candidates  for  ordination,  be- 
sides the  practical  mastery  of  the  language  or  languages 
in  which  they  expect  to  preach,  shall  include  Biblical 
Introduction;  Apologetics;  Exegesis  of  the  Old  and  New 
Testaments — Hebrew  and  Greek;  Doctrinal  and  Moral 
TheologyJ  Church  History;  History  of  Doctrines, 
Homiletics;  Catechetics;  Pastoral  Theology;  Personal 
Religion,  and  motives  for  seeking  the  Holy  Office. 

4.  No  exception  to  this  rule,  or  abatement  of  these 
requirements  shall  be  made,  except  only  in  special  cases 
in  which  the  applicant  is,  by  general  qualifications, 
eminently  fitted  to  be  useful  in  the  ministry,  and 
engages  to  use   his  diligence  as  far  as   practicable   in 


17 

acquiring  a  knowledge  of  those  subjects  in  which  he  is 
deficient. 

5.  The  examination  shall  be  made  by  the  Examining 
Committee,  but  shall  be  open  to  all  members  of  the 
Ministerium  who  wish  to  pe  present. 

6.  When  the  Examining  Committee  has  reported 
favorably  in  the  case  of  candidates  before  them,  the  vote 
shall  be  taken  on  the  question  of  the  approval  of  each 
applicant,  and  if  two-thirds  of  the  ministers  present  be 
favorable  to  a  candidate,  he  shall  be  recommended  to 
the  Synod  for  ordination  by  the  officers  of  the  Minis- 
terium; and  when  ordained  he  shall  be  a  regular- 
member  thereof,  and  an  attested  certificate  of  his 
ordination  shall  be  given  him. 

7.  Any  regularly  ordained  minister  of  the  Evangelical 
Lutheran  Church,  whether  ordained  in  this  or  some 
foreign  country,  who  may  apply  for  admission  into  this 
Synod,  shall  furnish  satisfactory  evidence  of  his  ordina- 
tion, and  of  his  good  and  unblemished  Christian  charac- 
ter. 

8.  Any  minister  of  other  than  Lutheran  connection, 
who  may  apply  for  membership  in  this  Synod,  shall  be 
subject  to  the  same  regulations;  and  the  ministers  pres- 
ent shall  determine  what  further,  if  anything,  is  expedi- 
ent or  necessary,  in  view  of  his  previous  connections. 

9.  When  Synod  has  decided  to  receive  ordained 
ministers  into  connection  with  it,  the  Examining  Com- 
mittee shall  present  them  to  the  President,  who  shall 
announce  to  them  the  decision  in  their  case,  and  by  sub- 
scribing to  the  Constitution  and  By-Laws  they  shall 
become  members  in  full  of  this  Synod. 

1  10.  When  Synod  has  decided  to  admit  applicants  to 
ordination,  they  shall  in  like  manner  be  presented  to  the 
President,  who  shall  announce  to  them  the  decision  in 
their  case,  inform  them  of  the  time  when  their  ordination 
to  the  Holy  Ministry  shall  take  place,  admonish  them  to 
due  solemnity  and  earnestness  in  taking  upon  them  the 
obligation  and  duties  of  ambassadors  of  the  Lord  Jesus 


IS 

Christ,  and  by  their  ordination,  and  subscribing  the 
Constitution  and  By-Laws,  they  shall  become  members 
in  full  of  this  Synod. 

11.  The  ordination  services  shall  consist  of  a  regular 
Church  service,  the  preaching  of  au  ordination  sermon, 
and  the  act  of  ordination  by  the  laying  on  of  hands  ac- 
cording to  the  prescribed  order  in  the  Book  of  Worship. 

II. — Of  the  Reception   of   Congregations. 

Any  congregation  which  maintains  a  Constitution  in 
accord  with  the  doctrinal  basis  of  this  Synod  as  defined 
in  Chapter  First,  Article  I,  many  become  an  integral  part 
of  Synod  on  application  to  it,  or  to  the  Conference  within 
the  bounds  of  which  such  congregation  is  located,  by 
presenting  a  copy  of  its  Constitution,  and  sending  a 
delegate  to  represent  it;  and  a  majority  of  the  votes  of 
Synod  or  Conference  at  any  regular  meeting  shall  suffice 
for  its  reception. 


CHAPTER  EIGHTH. 

OF    MINISTERS. 

1.  Ministerial  members  of  this  body  become  such  by 
ordination  or  transfer,  as  provided  in  Chapter  Seventh. 
They  become  pastors  by  being  regularly  called,  and  by 
being  entrusted  with  the  care  of  a  congregation  or 
charge,  by  a  regular  installation. 

2.  Every  minister  belonging  to  this  Ministerium  shall 
conform,  in  his  preaching  and  teaching,  to  the  confes- 
sions of  the  Evangelical  Lutheran  Church.  It  shall  be 
the  duty  of  every  pastor  to  preach  the  Word,  and  ad- 
minister the  sacraments;  to  care  for  and  be  an  example 
and  guide  to  the  flock  over  which  the  Holy  Ghost  hath 
made  him  overseer;  to  give  Catechetical  Instruction  to 
the  young,  and  to  candidates  for  Church  membership; 
confirm,  visit  the  sick,  bury  the  dead,  install  regularly 
elected  members  of  the    Church    Council,  and,  together 


.19 


with  the  Council,  administer  discipline,  oversee  Sunday 
and  other  schools  belonging  to  the  congregation,  and  use 
his  best  endeavors  to  extend  and  build  up  the  Church  in 
the  community  in  which  he  is  located  as  pa&tor. 

3.  Every  pastor  shall  keep  accurate  parochial  records 
of  baptisms  and  confirmations;  of  members  received, 
dismissed,  deceased,  or  excommunicated;  together  with 
the  names  of  all  communicant  members  belonging  to  his 
charge.  The  records  of  each  congregation  shall  be  kept 
in  separate  books,  and  these  books  shall  be  and  remain 
the  property  of  the  congregation;  but  an  abstract  of 
them  shall  be  annually  reported  to  the  Synod  for  inser- 
tion in  the  table  of  Parochial  Reports. 

4.  It  should  be  the  aim  of  each  pastor  to  confine  his 
ministrations  to  one  congregation,  or  to  the  smallest 
number  of  congregations  circumstances  will  allow,  that 
divine  service  may  be  held  in  each  congregation  on  each 
Lord's  Day.  Where  large  charges  exist,  consisting  of  so 
many  congregations  as  to  render  this  impossible,  the 
pastors  should  encourage  the  members  of  such  congrega- 
tions to  make  better  provision  for  their  spiritual  wants 
and  those  of  their  children ;  and  both  pastors  and  people 
shall  earnestly  co-operate  with  each  other,  and  with  the 
Synod,  in  securing  divisions  into  smaller  charges. 

5.  Every  pastor  shall  diligently  endeavor  to  increase 
the  interest  of  his  charge  in  the  progress  and  develop- 
ment of  the  Church,  the  manifestation  of  enterprise, 
liberality,  and  charity,  especially  in  church  extension, 
beneficiary  education,  domestic  and  foreign  missions, 
provision  for  widows  and  orphans,  the  circulation  and 
reading  of  the  Scriptures,  good  books  and  publications 
of  the  Church,  and  the  bringing  forward  of  young  men 
for  the  Holy  Ministry. 

It  shall  be  the  duty  of  every  minister  in  connection 
with  this  Synod  to  use  his  influence  to  promote  its 
interests,  and  also  to  labor  for  the  upbuilding  and  pre- 
servation of  its  institutions  of  learning. 

6.  No  minister  of  this    Synod  shall    be  permitted   to 


20 


preach  or  perform  any  ministerial  act  within  the  charge 
of  a  brother  minister,  except  at  his  request,  or  with  his 
consent;  nor  shall  he  be  permitted  to  visit  and  perform 
ministerial  acts  in  a  vacant  charge  except  by  invitation 
or  permission  of  the  Church  Council,  or  by  the  advice  or 
consent  of  the  President  of  Synod  or  Conference. 
Otherwise  he  shall  be  subject  to  discipline. 

7.  Every  minister  receiving  and  accepting  a  call  to  be 
the  pastor  of  a  charge  belonging  to  the  Synod,  shall  in- 
form the  President  of  the  fact;  but  no  pastor  shall  be 
installed  until  he  has  been  regularly  received  into  Synod, 
except  with  the  written  consent  of  the  President  of 
Synod  and  Conference,  which  consent  may  be  given  if 
the  minister  belong  to  a  Synod  connected  with  the 
general  body  with  which  this  Synod  is  connected. 

8.  S.hould  a  pastor  deem  it  his  duty  to  resign  his 
charge,  he  shall  duly  inform  the  Church  Council  before 
vacating  his  place;  and  he  shall  report  the  same  to  the 
President  of  Synod. 

Whenever  a  minister  has  taken  charge  of  a  regular 
pastorate,  he  shall  be  restricted  to  the  same,  and  not  re- 
sign a  part  without  resigning  the  whole  charge,  and  no 
call  to  a  pastorate  shall  be  considered  valid  unless  it 
proceeds  from  the  whole  charge,  embracing  a  two-thirds 
vote  of  the  constitutional  electors  in  said  pastorate. 

9.  Should  a  minister  belonging  to  this  Synod,  for  any 
cause  find  himself  constrained  to  demit  the  regular 
duties  of  the  ministry,  and  to  cease  ministerial  activity, 
he  shall  remain  a  member  of  this  Synod;  but  engage- 
ment in  any  business  or  office  foreign  to  the  nature  of 
the  ministry,  or  incompatible  with  it,  shall  be  sufficient 
reason  why  he  should  not  be  continued  on  the  list  of 
ministers. 

10.  If  any  minister  in  good  and  regular  standing 
desires  to  move  from  the  bounds  of  this  Synod  in  order 
to  enter  a  field  of  labor  within  some  Synod  in  the  same 
fellowship  of  faith  with  this  body,  he  shall,  upon  appli- 
cation, be  entitled  to  a  certificate   of   honorable  dismis- 


21 


sion,  which  the  President  shall  furnish  hirn;  but  any 
minister  so  dismissed  shall  be  amenable  to  this  body 
until  formally  received  into  the  Synod  to  which  he  has 
been  granted.  But  if  the  request  for  dismission  be  to 
connect  with  a  body  not  in  doctrinal  accord  with  this 
Synod,  the  President  shall  give  no  certificate. 

11.  All  ministers  belonging  to  this  Synod  are  required^ 
to  attend  all  its  Synodical  and  Ministerial   Sessions   and 
the  meetings  of  the  Conferences  to  which    they   belong 
from  commencement    to  end;  and  nothing  but  urgent' 
necessity  or  positive  inability  to  attend  shall  be  regarded 
as  a  valid  excuse  for  absence.     In   case  of   unavoidable 
absence   the    absentee    shall    send  to    the    meeting    an 
account  of  the  reason  for  his   absence,   that  he  may  be 
regularly  excused;  and  repeated  absence  without  excuse 
shall  subject  the  offender  to  discipline. 

12.  It  shall  be  the  duty  of  all  the  ministers  belonging 
to  this  Synod  to  exercise  and  cherish  the  spirit  of 
respect,  brotherly  love,  and  good-fellowship,  one  toward 
another,  as  laborers  together  in  the  same  vineyard, 
children  of  the  same  Father,  and  servants  of  the  Lord 
Jesus  Christ,  in  whom  standeth  each  one's  salvation. 


CHAPTER  NINTH. 

OF    CONGREGATIONS. 

1.  It  shall  be  the  duty  of  the  Council  of  every  charge 
belonging  to  this  Synod  to  elect  a  delegate  to  represent 
it  in  the  meetings  of  Synod;  each  pastorate  shall  be 
entitled  to  as  many  representatives  in  Synod  as  it  has 
pastors.  It  shall  be  the  duty  of  the  Council  of  every 
congregation  or  Church  to  appoint  a  delegate  to 
represent  it  in  the  meetings  of  Conference. 

2.  Delegates  sent  to  represent  pastorates  or  congrega- 
tions must  be  regular  communicant  members.  They  shall 
have  the  same  rights  and  privileges  as  ministers  on  the 
floor  of  Synod  and  Conference,  their  election  being  duly 


99 


certified  by  the  Secretary  of  the  Council,  and  by  the  pre- 
siding officer. 

3.  The  election  of  a  delegate  to  Synod  shall  hold  for 
one  year;  but  delegates  to  Conference  may  be  elected  for 
each  meeting,  unless  otherwise  arranged  by  the  pastor- 
ates appointing  them. 

4.  Every  congregation  belonging  to  Synod,  as  it  has  a 
share  in  all  legislation,  shall  be  dutiful  to  Synod's  Con- 
stitution and  recommendations,  and  endeavor  to  conform 

.   to  them  and  carry  them  into  effect. 

\  r  5.  It  shall  be  the  duty  of  each  congregation  belonging 
to  Synod  to  make  annual  contributions  to  its  Treasury, 
and  to  make  arrangements  by  which  every  member  shall 
have  opportunity  to  give  according  to  ability  to  the 
various  benevolent  operations  of  Synod. 

6.  It  shall  be  the  duty  of  each  congregation  to  make 
due  and  liberal  provision  for  the  support  of  the  Gospel 
and  the  ministration  of  the  Word  and  Sacraments  among 
its  own  members,  to  endeavor  to  arrange  for  at  least  one 
service  every  Lord's  Day,  to  see  that  the  pastor  whom  it 
has  called  be  properly  supported,  according  to  1  Cor. 
9:  7-14,  and  to  make  necessary  provision  for  the  instruc- 
tion of  the  young,  that  they  may  grow  up  in  the  nurture 
and  admonition  of  the  Lord. 

7.  In  cases  of  vacancy,  difficulty,  or  strife  in  Congre- 
gations, Church  Councils  should  not  act  precipitately, 
but  seek  the  instruction  and  advice  of  the  President  of 
Conference  or  Synod. 

8.  Each  congregation  belonging  to  this  Synod  should 
endeavor  to  conform  its  public  worship  and  ministrations 
to  the  recommendations  of  Synod. 

9.  Should  any  portion  of  a  congregation  belonging  to 
this  Synod  reject  the  faith  of  the  Evangelical  Lutheran 
Church  as  set  forth  in  her  confessions,  that  part  of  said 
congregation  which  remains  faithful  to  this  faith  and  its 
connection  with  this  Synod  shall  be  recognized  as  the 
real  congregation. 

]  0.  No  one  or  more  congregations  composing  a  part  of 


23 


a  regular  pastorate,  shall  at  pleasure,  or  through  the  in- 
fluence of  a  disaffected  party,  dismiss  their  pastor  with- 
out the  consent  of  the  whole  pastorate  by  obtaining  a 
majority  of  the  votes  in  said  pastorate,  nor  then  if  the 
salary  has  not  been  paid  in  full. 

11.  If  any  congregation  in  this  Synod,  shall,  without 
our  consent,  employ  as  its  pastor,  a  minister  who  has 
been  expelled  from  any  ecclesiastical  body,  or  who  is  not 
acknowledged  by  this  Synod,  shall  be  excluded  from  our 
connection,  if  it  persists  in  such  a  course. 


,   CHAPTER  TENTH. 
OF     DISCIPLINE. 

I. — Of  Offences. 

The  offences  for  which  members  of  this  Synod  shall  be 
subject  to  discipline.,  are: 

1.  With  reference  to  purity  of  doctrine; — denial  of 
any  doctrine  taught  in  the  Holy  Scriptures,  and  set  forth 
in  the  Confessions  of  the  Evangelical  Lutheran  Church; 
— the  holding,  preaching,  and  public  teaching  of  heresy. 

2.  With  reference  to  purity  of  life. 

3.  With  reference  to  the    Government   and   Order   of 
the  Church; — disregard  and  violation  of  the  Constitution  T 
and  requirements  of  the  Synod.  -^ 

II. — Of  Penalties. 

1.  As  respects  Ministers.  The  penalties  that  may  be 
imposed  are: 

(a)  Private  censure  and  admonition  of  the  President. 

(6)  Public  censure  and  admonition  in  any  session  of 
the  Conference  or  Synod. 

(c)  Suspension  from  the  office  and  functions  of  the 
ministry  for  a  designated  period,  or  until  after  satisfac- 
tory evidence  of  repentance  and  amendment. 

(d)  Expulsion  from  the  Synod. 

(e)  Deposition  from  the  ministerial  office. 


24 


2.  As  respsets  Congregations.  Should  any  Congrega- 
tion belonging  to  this  Synod  turn  away  from  the  Con- 
fession or  Faith  of  the  Evangelical  Lutheran  Church,  or 
violate  the  Constitution  and  requirements  of  Synod,  and 
persist  in  such  disloyalty  after  proper  endeavors  of  the 
President,  Conference,  or  Synod  to  restore  it,  Synod  may 
exclude  it  from  membership. 

III. — Of  Processes  Against  a  Minister. 

1.  If  serious  accusation  be  lodged  against  a  minister 
before  a  Church  Council  by  three  members  in  good 
standing  in  the  congregation,  the  Council  shall  confer 
with  him  about  the  same,  and  endeavor  to  obviate  all 
just  cause  of  complaint,  and  to  reconcile  all  parties;  nor 
shall  any  further  steps  be  taken  until  all  proper  efforts 
to  this  end  on  the  part  of  the  Church  Council  have  been 
exhausted. 

2.  If,  upon  credible  testimony,  or  from  their  own 
knowledge  in  the  case,  a  minister  is  believed  to  be  guilty 
of  any  of  the  offences  before  named;  the  Church  Council, 
shall  report  his  case  to  the  President  of  Synod;  but  the 
charges  must  be  in  writing,  must  be  specific,  and  must 
be  founded  on  the  testimony  of  two  or  three  credible 
Avitnesses,  and  signed  by  them,  and  a  copy  of  the  charges 
shall  be  immediately  forwarded  by  the  President  to  the 
accused. 

3.  If  a  minister  be  charged  with  some  specific  sin,  not 
in  the  manner  aforesaid,  but  by  notorious  rumor,  which 
is  not  transient,  but  continues  and  strengthens,  and  is 
accompanied  with  strong  presumption  of  guilt,  the 
Church  Council  shall  endeavor  to  remove  the  scandal; 
and  if  they  fail,  or  find  evidences  of  guilt,  they  shall  re- 
port the  case  to  the  President  of  Synod. 

4.  If  accusations  against  a  member  of  this  Synod  be 
lodged  with  the  President  by  a  Church  Council,  or  by 
three  members  of  Synod,  he  shall  at  once  communicate 
with  the  accused  respecting  it:  and,  if  the  accused  should 
desire  an  investigation,  or  if  the  state  of  the  case  be  such 


25 


as  to  call  for  it,  the  President,  with  the  advice  and  con- 
sent of  the  President  of  the  Conference  to  which  the 
accused  belongs  shall  order  an  investigation  by  the  Con- 
ference, or  by  a  competent  Committee,  and  cite  the 
accused  to  appear  before  it  to  answer  with  reference  to 
the  matter.  And  it  shall  be  brought  to  Synod  only  after 
Conference  has  been  able  to  dispose  of  the  case. 

5.  When  such  an  investigation  is  appointed,  a  copy  of 
the  complaints  against  the  accused  shall  be  furnished 
him,  allowing  him  not  less  than  ten  days  between  the 
time  of  his  citation  and  the  time  appointed  for  the  hear- 
ing; and  if  the  accused  should  refuse  or  fail  to  appear 
without  presenting  adequate  reasons  why  the  investiga- 
tion should  be  deferred  to  another  time,  it  shall  proceed 
the  same  as  though  he  were  present. 

6.  If  the  findings  in  such  an  investigation  show  gross 
immorality,  or  flagitious  transgression,  the  same  shall  at 
once  be  reported  to  the  President  of  Synod,  who  shall, 
with  the  concurrence  of  the  President  of  the  Conference 
to  which  the  accused  belongs,  immediately  suspend  him 
from  the  office  and  functions  of  the  ministry  until  his 
case  shall  be  finally  decided  by  the  Synod. 

7.  If  the  finding i  are  of  a  character  to  demand  no 
higher  penalty  than  that  of  private  censure  and  admoni- 
tion by  the  President  of  Conference,  or  public  censure 
and  admonition  before  Conference,  the  same  shall  be  ad- 
ministered without  further  proceedings;  but  should  they 
be  of  a  more  serious  character,  besides  reporting  the  case 
to  the  President  of  Synod,  the  Conference  or  Committee 
making  the  investigat:'oashall  formulate  the  charges  and 
specifications  against  the  accused,  and  present  the  same 
to  the  President  of  Synod,  who  shall  furnish  a  copy  to 
the  accused  not  less  than  twenty  days  before  the  meet- 
ing of  Synod,  at  the  same  time  citing  him  to  appear  at 
said  meeting  for  a  final  hearing  and  decision  of  his  case. 

8.  Both  in  the  investigation  and  the  final  trial  of 
charges  against  a  minister,  all  relevant  testimony  shall 
be  heard,  and  in  the  presence  of  the  accused,  if  he  desire 


26 


it.  He  shall  also  have  the  right  and  opportunity  of  be- 
ing fully  heard  in  his  own  defence;  but  he  shall  not  be 
allowed  to  appear  and  defend  himself  by  legal  counsel 
before  the  Committee,  Conference,  or  Synod;  nor  shall 
legal  counsel  be  used  against  him. 

If  accusation  against  a  minister  be  made  immediately 
to  Synod,  if  Synod  believes  that  it  is  in  possession  of  all 
the  evidence  necessary  to  a  just  decision,  Synod  shall 
refer  the  matter  to  the  Conference  of  which  the  accused 
is  a  member,  or  appoint  a  Committee  to  make  the  inves- 
tigation. 

9.  After  the  hearing  of  the  charge,  the  testimony,  and 
the  defence  of  the  accused,  the  question  shall  be  taken 
on  which  and  how  many  of  the  charges  and  specifica- 
tions the  accused  is  guilty  or  not  guilty.  If  the  majori- 
ty shall  decide  that  he  is  not  guilty,  the  President  shall 
at  once  announce  to  him  the  decision.  If  the  majority 
shall  declare  him  guilty  on  the  evidence  presented,  the 
Synod  shall  determine  which  of  the  penalties  before 
enumerated  shall  be  imposed  upon  him;  and  the  Presi- 
dent shall  pronounce  the  sentence  in  the  presence  of  the 
body,  and  if  possible  also  in  the  presence  of  the  person 
adjudged  guilty;  and  a  copy  of  the  sentence  shall  be 
given  him. 

10.  The  proceedings  in  a  case  of  discipline  shall  not 
be  published,  in  part  or  in  whole,  before  the  final 
decision  is  reached,  and  the  result  officially  declared. 

11.  No  minister  or  layman  under  discipline  or  sen- 
tence of  suspension,  shall  hold  any  office  of  Synod,  or 
serve  as  Delegate,  Director,  or  Trustee  under  its  appoint- 
ment so  long  as  he  is  under  discipline  or  suspension ;  and 
every  Committee,  Board,  Delegation,  or  body  of  ap- 
pointees, constituted  by  this  Synod,  shall  see  to  the 
enforcement  of  this  rule. 

The  connection  between  a  charge  and  a  suspended 
minister  shall  immediately  cease,  and  it  shall  be  the  duty 
of  the  President  to  notify  the  council  that  it  has  been 
vacated. 


27 


12.  It  shall  be  the  duty  of  all  pastors  and  congrega- 
tions belonging  to  this  Synod  to  respect  the  disciplinary 
action  of  Synod,  and  of  one  another;  and  for  any  pastor 
or  congregation  to  set  aside  or  disregard  any  such  dis- 
ciplinary action  shall  be  deemed  a  violation  of  order, 
and  shall  subject  the  offender  to  discipline. 

13.  In'  case  of  strife  between  ministers,  or  between 
a  minister  and  his  pastorate,  or  between  members -thereof,, 
which  the  Church  Council  cannot  remedy,  complaint 
may  be  made  to  the  President  of  Synod,  who  shall 
confer  with  the  parties  and  endeavor  to  heal  the  trouble. 
If  unsuccessful,  and  the  matter  in  his  judgment  requires 
official  adjudication,  he  shall  report  it  to  the  Conference 
to  act  in  the  case;  but  an  appeal  from  the  decision  of 
the  Conference  may  be  taken  to  synod. 

IV. — Of  Appeals. 

1.  A  minister  may  appeal  from  the  decision  of  a 
Conference  to  Synod,  provided  such  appeal  be  taken  with- 
in two  months  of  such  decision;  it  must  be  in  writing,  and 
be  presented  to  the  President  at  least  twenty  days 
before  the  meeting  at  which  action  is  proposed  to  be 
taken  upon  it,  who  shall  cause  the  President  and  mem- 
bers of  the  Conference  to  be  notified  of  its  presentation 
and  contents. 

2.  If  a  member  of  a  congregation  should  feel 
aggrieved  and  wronged  by  the  decision  of  the  Church 
Council,  in  a  case  of  discipline,  an  appeal  from  it  may 
be  made  to  the  Conference  to  which  the  congregation 
belongs,  provided  that  it  be  made  within  thirty  days 
after  the  action  complained  of.  The  appeal  must  be  in 
writing  and  set  forth  the  grounds  on  which  it  is 
based,  and  must  be  presented  to  the  President  of 
Conference  at  least  ten  days  before  any  meeting  at 
which  action  is  taken  upon  it;  and  in  that  case  it  shall 
be  the  President's  duty  to  cause  a  copy  of  the  appeal  to 
be  furnished  at  once  to  the  President  of  the  Church 
Council   concerned.       In   all    cases    of    appeal   from  a. 


28 


decision    of   the  Church  Council,  the  appeal  vacates  the 
judgment. 

3.  The  Conference  may  hear  the  case  of  an  appeal  as 
a  body,  or  refer  the  hearing  of  it  to  a  competent  Com- 
mittee; but  the  investigation  shall  be  confined  to  the 
constitutionality  of  the  proceedings,  the  original  charges 
and  the  justice  of  the  sentence.  The  same  provisions 
and  rules  prescribed  for  conducting  the  trial  of  a  min- 
ister, except  as  herein  otherwise  provided,  shall  obtain 
also  in  this  instance. 

4.  When  a  Conference  has  decided  upon  such  a  case 
of  appeal  it  shall  not  be  re -opened  for  a  further  hearing 
except  on  points  of  error  in  the  proceedings,  which  may 
be  appealed  to  Synod  for  decision ;  and  when  such  points 
of  error  have  been  decided  by  Synod,  if  against  the 
Conference,  the  case  shall  go  back  to  the  Conference  for 
the  necessary  correction. 


CHAPTER   ELEVENTH. 

07    THE    ORDEE    OE    BUSINESS. 

1.  Each  regular  meeting  of  the  Synod  shall  begin 
with  the  prescribed  morning  service,  in  connection  with 
the  sermon  by  the  President  or  by  some  minister 
appointed  by  him  to  perform  this  duty,  and  include  the 
celebration  of  the  Lord's  Supper. 

2.  The  Synod  shall  be  formally  opened  by  the  Presi- 
dent, assisted  by  the  other  clerical  officers,  at  the  time 
and  place  appointed,  and  be  closed  at  the  final  session, 
according  to  the  prescribed  order.  Other  sessions  shall 
be  opened  and  closed  with  devotional  service,  conducted 
by  the  President,  or  such  person  as  he  may  appoint  for 
the  purpose. 

3.  The  Secretary  shall  call  the  names  of  all  the 
ministers  belonging  to  Synod,  and  note  the  absentees. 

4.  The  Secretary  shall  call  the  roll  of  charges,  and 
the  lay-delegates  presenting  satisfactory  credentials 
shall  be  enrolled  as  members  of  Synod. 


29 


5.  The  President  shall  read  his  annual  report. 
0.  Officers  for  the  ensuing  year  shall  be  elected. 

7.  The  newly  elected  officers  shall  be  presented  by 
the  Tellers  to  the  President  for  installation,  after  which 
they  shall  conduct  them  to  their  stations. 

8.  The  admission  of  delegates,  or  ministers,  from 
other  ecclesiastical  bodies,  advisory  members,  and  cour- 
teous recognition  of  ministers  of  other  denominations. 

The  report  of  the  Ministerial  Session  on  recommen- 
dation of  ministers  for  reception,  or  of  candidates  for 
ordination,  shall  be  received  whenever  ready  for  pre- 
sentation. 

9.  The  presentation  of  all  papers  intended  for  Synod. 

10.  The  reading  of  the  Treasurer's  Report. 

11.  The  Executive  Committee's  Report  shall  be  read. 

12.  The  President  shall  appoint  the  following  Standing 
Committees : 

(1).  On  President's  Report. 

(2).  On  State  of  the  Church. 

(3).  On  Church  Institutions  and  Education. 

(4).  On  Report  of  Executive  Committee. 

(5).  On  Missions. 

(6).  On  Minutes  and  Unfinished  Business. 

(7).  On  Reports  and  Proceedings  of  Conferences. 

(8).  On  Petitions  and  Excuses  of  absent  members. 

(9).  On  Vacancies. 
(10).  On  Finance. 
(11).  On  Appropriations. 
(12).  On  Apportionments. 
(13).  On  Pastoral  Districts. 

13.  The  Ex-Secretary's  Report  shall  be  read. 

14  Report  of  the   President   of  the  Board  of  College 
Trustees, 
lo.  Report  of  Directors  of  the  Theological  Seminary. 

16.  Report  of  the  Trustees  of  the  Female  Seminary. 

17.  Reports  on  the  State  of  the  Church  and  handing 
Financial  and  Parochial  Reports  to  the  Secretary. 

18.  The  afternoon  or  evening  of   the   second   business 


30 


day  shall  be  devoted  to  the  cause  of  Beneficiary  Edu- 
cation, and  that  of  the  third  day  to  Missions,  as  required 
according  to  By-Laws  16  and  11. 

19.  Report  of  Delegates  to  the  General  Body. 

20.  Report  of  Delegates  to  other  Ecclesiastical  Bodies. 

21.  Report  of  the  Archivarius. 

22.  Reports  of  Standing  Committees,  or  other  Com- 
mittees, from  this  point  on,  may  be  heard  at  the  pleasure 
of  Synod. 

23.  Election  of  Delegates  to  (1)  the  General  Body, 
(2)  Sister  Synods. 

24.  Election  of  Trustees  (1)  of  the  Theological  Semi- 
nary, (2)  of  North  Carolina  College.  (3)  of  the  Female 
Seminary. 

2-").  Appointment  of  Archivarius. 

26.  Election  of  speakers  for  special  subjects  at  next 
meeting. 

27.  Election  of  Executive  Committee. 

28.  Appointment  of  Examining  Committee  by  the 
President. 

29.  Miscellaneous  Business. 

30.  El?cting  time  and  place  for  next  Annual  Meeting. 

31.  President's  approval  of  Minutes. 

32.  Synod  shall  be  closed  according  to  the  form  in  the 
Book   of  Worship. 


CHAPTER    TWELFTH. 

OF    THE    ARCHIVES. 

1.  The  Synod  shall  have  common  archives  for  all  its 
proceedings,  whether  in  Synodical  or  Ministerial  Sessions, 
or  the  District  Conferences.  They  shall  be  kept  and 
preserved  at  a  safe  place  determined  by  Synod,  and  shall 
not  be  removed  except  by  its  authority. 

2.  In  the  Archives,  shall  be  carefully  preserved  full 
sets  of  the  printed  Minutes  of  Synod ;  also  the  Protocol ; 
also  the  books  of  the  Minutes  of  Conferences,  which 
the    Secretaries    of  the   Conferences    shall  place  in  the 


31 

hands  of  the  Archivarius  as  said  books  become  filled  up; 
also  all  important  letters,  papers,  documents,  memorials,' 
complaints,  &c,  presented  at  the  sessions  of  Synod  or 
Conferences,  together  with  all  official  answers,  opinions 
and  proceedings  upon  the  same;  also  all  memories  or 
biographical  notices  of  deceased  members  of  Synod 
presented  at  its  meetings. 

3.  Synod  shall  annually  appoint  an  Archivarius,  or 
keeper  of  the  Archives,  who  shall  have  charge  of  the 
same,  keep  them  in  order,  see  to  their  proper  preserva- 
tion, make  annual  report  to  Synod  upon  their  condition, 
and  carry  out  the  will  of  Synod  respecting  them.  He 
shall  continue  in  office  until  his  successor  has  been 
appointed. 

4.  No  paper  or  record  belonging  to  the  Archives  shall 
be  given  or  destroyed,  nor  be  loaned  out  by  the 
Archivarius,  except  by  authority  of  the  President. 

5.  Every  member  of  Synod  shall  have  free  access  to 
the  Archives  and  permission  may  be  given  to  proper 
persons  to  consult  the  same  for  historical  information; 
but  access  to  the  Archives  shall  not  be  permitted  in  any 
case  except  in  the  presence  of  the  Archivarius,  his 
assistant,  or  one  of  the  officers  of  Synod. 


CHAPTER    THIRTEENTH. 

OF    THE    SEAL    AND    OF    THIS    CONSTITUTION    AND    BY-LAWS. 

1.  The  Seal  of  this  Synod  presents  an  open  book, 
across  the  top  of  which  appears  in  print,  "Holy  Bible  " 
standing  out  from  this  on  the  left  hand  is  a  Baptismal 
Font,  and  on  the  right  appears  a  goblet,  whilst  beneath 
the  cup  appears  the  plate  and  Bread  of  the  Holy  Com- 
munion, representing  the  Lutheran  view  of  the  Church, 
the  Word  and  Sacraments;  and  around  all  is  the  legend: 

EVANGELICAL  LTJTHEKAN  SYNOD  AND    MINISTERITJM  OF  NORTH 
CAROLINA,  ORGANIZED  OGTOBER  17,   1803. 

2.  The  Seal  shall  be  in  the  charge  of  the  President  of 


32 


Synod,  who  shall  affix  it,  or  cause  it  to  be  affixed,  to  all 
documents,  certificates,  deeds,  legal  papers,  or  official 
copies  of  resolutions,  requiring  the  seal  of  Synod. 

3.  Everything  in  any  Resolutions,  Enactments,  Con- 
stitution or  By-Laws  of  this  Synod,  or  of  its  Conferences, 
differing  from  or  in  conflict  with  this  Constitution  and 
By-Laws,  is  hereby  superseded,  repealed,  and  of  none 
effect, 

4.  The  provisions  and  ordinances  contained  in  this 
Constitution  and  By-Laws,  so  far  as  the  same  are 
severally  applicable,  shall  be  of  like  force  in  the  govern- 
ment of  Synod,  the  Ministerium,  and  the  District  Con- 
ferences. 

5.  This,  the  Constitution  and  By-Laws  of  the  Evan- 
gelical Lutheran  Synod  of  North  Carolina,  shall  not  be 
altered,  amended,  added  to  or  diminished,  except  by  a 
vote  of  two-thirds  of  the  members  present  at  a  regular 
annual  meeting,  and  provided  that  such  proposed  altera- 
tion or  amendment  be  moved  and  presented  at  a 
previous    annual    meeting. 


CHAPTER   FOURTEENTH. 

OF    RULES     OF     OKDRE. 

I. — Duties  and  Privileges  of  the  President. 

1.  The  President  shall  conduct  all  business  according 
to  the  Constitution  and  B.ules  of  Order,  and  Laws  of 
Synod,  and  insist  upon  the  observance  of  the  same  on 
the  part  of  every  member;  and  shall  promptly  and 
firmly  call  to  order  any  member  who  violates  any  rule 
of  order. 

2.  He  shall  have  the  right  to  speak  on  points  of  order 
in  preference  to  all  others,  and  shall  decide  all  questions 
of  order;  an  appeal,  if  seconded,  may  be  moved  from 
his  decision  to  the  body,  and  in  that  case  all  remarks, 
except   for  explanation,  shall   C3ase   until   the   vote   is 


33 

taken  on  the  question,  "Shall   the    decision  of  the  Chair 
stand  as  the  judgment  of  the  house  ?" 

3.  He  shall  call  up  all  items  of  business  in  their 
appointed  order,  see  that  every  matter  before  the  body 
is  duly  considered  and  understood  before  a  decision  is; 
made,  and  endeavor  to  conduct  the  same  to  a  speedy 
and  proper  result. 

4.  He  may  take  part  in  the  discussion  of  any  subject 
before  the  body;  but  in  doing  so  he  shall  surrender  the 
Chair  to  the  Vice-President,  or  in  his  absence,  appoint 
some  one  to  occupy  it  for  the  time. 

5.  When  a  matter  before  the  body  is  clearly  under- 
stood, and  no  one  desires  to  speak  further  upon  it,  or 
the  body  has  decided  to  close  debate,  he  shall  take  the 
vote  upon  it  by  calling  for  the  ayes  and  noes.  In  case  of 
doubt  as  to  the  vote,  or  if  a  division  be  called  for,  he 
shall  call  upon  the  ayes  and  noes  in  succession  to  stand 
up  until  counted;  or  if  three  members  request  it,  the^ 
roll  shall  be  called,  and  the  ayes  and  noes  recorded  o*n 
the  Minutes. 

G.  In  all  elections  by  ballot  the  President  shall  have 
the  right  of  suffrage;  but  in  no  other  case,  except  the 
house  be  equally  divided  on  any  question,  when  he  shall 
decide. 

7.  When  an  election  is  to  be  held  by  ballot,  he  shall 
name  the  Tellers,  and  also  appoint  all  committees  not 
otherwise  provided  for. 

II. — Of  Motions. 

1.  A  matter  to  be  properly  before  the  body  must  be 
presented  by  report,  proposition,  or  resolution,  moved, 
seconded,  and  distinctly  repeated. 

2.  All  important  propositions  or  motions  must  be  pre- 
sented in  writing,  and  when  seconded  shall  at  once  be 
placed  in  the  hands  of  the  Secretary  as  the  property  of 
the  body. 

3.  Wrhen  a  motion  is  made  and  seconded,  if  objection 
be  made  to  the  consideration  of  it,  the  question  shall  be 


84 


put  to  vote:  ''Shall  it  be  considered  and  discussed?" 
and  if  the  decision  be  in  the  negative,  the  motion  can- 
not be  entertained. 

4.  When  a  motion  made  and  seconded  has  in  it  two 
or  more  points  capable  of  separation,  the  questions,  at 
the  request  of  any  member,  shall  be  divided,  and  the 
vote  taken  on  each  point  separately. 

5.  A  motion  or  proposition  before  the  body  may,  at 
any  time  during  the  discussion  of  it,  be  withdrawn  by 
the  mover,  provided  no  objection  be  made  to  such  with- 
drawal. The  body  may  also  volunteer  its  permission 
to  the  mover  to  withdraw  his  motion,  which  shall  be 
equivalent  to  a  refusal  further  to  consider  it. 

0.  Amendments  to  any  motion  or  proposition  before 
the  body  are  always  in  order,  whether  to  strike  out,  add 
to,  or  change  any  part,  or  to  present  a  substitute  for  the 
whole;  provided,  that  the  substitute  or  amendment  be 
germane  to  the  subject,  and  that  the  amendment  pro- 
posed does  not  go  beyond  an  amendment  to  an  amend- 
ment. 

7.  When  the  question  has  been  taken  on  any  motion 
or  proposition  it  is  disposed  of,  and  no  further  discussion 
shall  be  allowed,  but  if  it  be  manifest  that  there  has  been  a 
mistake,  the  vote  may  be  retaken  at  the  time,  or  any 
member  who  voted  with  the  majority  may  move  a 
reconsideration,  which,  if  agreed  to,  re-opens  the  whole 
subject  as  at  the  point  when  the  vote  upon  it  was  taken. 

8.  When  a  motion  is  made  and  carried  which  involves 
the  appointment  of  a  Committee,  it  shall  not  follow  as 
a  matter  of  right  that  the  mover  be  made  chairman  of 
the  Committee,  or  even  a  member  of  it. 

9.  When  a  motion  is  made  for  the  appointment  of  a 
Committee  the  mover  may  suggest  names  of  persons  to 
be  placed  upon  it;  but  it  shall  not  be  in  order  for  him  to 
insert  the  names  in  his  resolution  or  motion,  except  when 
the  President,  and  other  officers,  are  desired  to  constitute 
the  said  Committee. 


35 


III. — Of  Privileged  and  other  Questions. 

1.  When  a  question  is  before  the  body  and  under 
discussion,  no  motion  shall  be  in  order  except  a  motion: 

(1.)  To  adjourn;  (2.)  To  lay  on  the  table;  (3.)  To  close 
debate;  (4.)  To  postpone  indenititely;  (5.)  To  postpone 
to  a  definite  time ;  (0.)  To  refer;  (7.)  To  amend;  (8.)  To 
substitute. 

On  either  of  the  first  four  motions  the  question 
shall  be  taken  without  debate. 

All  these  motions  shall  have  precedence  in  the  order 
in  which  they  are  here  given;  but  any  one  of  them  may 
be  made  at  any  stage  of  the  discussion. 

2.  A  motion  to  adjourn  is  always  in  order  except  when 
a  member  is  speaking,  or  when  a  vote  is  being  taken. 

3.  A  motion  to  refer  or  to  amend  shall  preclude  debate 
on  the  main  question  until  the  question  of  reference  or 
amendment  has  been  decided. 

4.  When  a  motion  to  lay  on  the  table,  or  to  postpone 
indefinitely,  has  been  passed,  the  matter  shall  not 
again  be  called  up  during  that  meeting. 

5.  In  the  filling  of  blanks,  the  largest  sum,  the  highest 
number,  or  the  longest  time  named,  shall  be  voted  on 
first;  and  names  shall  be  voted  on  in  the  order  in  which 
they  are  proposed. 

6.  When  a  decision  has  been  reached  on  any  motion 
or.  proposition,  it  shall  not  be  called  up  again  at  the 
same  meeting,  except  on  motion  to  re-consider,  made  and 
seconded  by  members  who  voted  with  the  majority,  but 
no  motion  to  re-consider  shall  be  entertained  unless  the 
parties  concerned  be  still  present. 

IV. — Of  Committees  and  their  Reports. 

1.  The  person  first  named  on  a  Committee  shall  be  the 
Chairman  thereof,  who  shall  convene  the  Committee  at 
such  time  and  place  as  the  Committee  may  agree   upon. 

2.  Committees  shall  use  all  diligence  to  have  their 
reports  ready  in  due  time,  and  shall  be  signed  by  a 
majority  of  the  members. 


36 

3.  When,  in  addition  to  the  report  of  the  majority  of 
a  Committee,  there  is  also  a  report  of  the  minority,  the 
former  shall  be  read  first,  and  laid  on  the  table  until  the 
latter  has  also  been  read,  when  either  shall  be  taken  up 
as,  on  motion,  the  body  may  decide. 

4.  A  report  when  read,  shall  be  before  the  body  for 
consideration,  and  shall  be  acted  upon  according  to  the 
pleasure  of  the  house.  It  may  be  adopted  as  a  whole, 
or  item  by  item,  altered,  amended,  re-committed,  referred, 
or  laid  on  the  table;  but  when,  or  in  whatever  form  it  is 
adopted,  it  becomes  the  expression  and  action  of  the 
body. 

5.  When  a  report  or  a  series  of  propositions  has  been 
adopted,  item  by  item,  and  all  proposed  amendments  or 
changes  have  been  decided,  the  question  shall  then  be 
taken  on  its  adoption  as  a  whole ;  and  if,  on  such  final 
vote,  the  majority  be  not  in  favor,  all  that  has  been 
approved  in  detail  shall  be  considered  lost,  unless 
otherwise  and  separately  moved  and  carried. 

V— Of   Debate. 

1.  Every  member  wishing  to  speak  on  a  subject,  offer 
a  resolution,  motion,  proposition  or  report,  shall  rise  and 
respectfully  address  the  President. 

2.  When  two  or  more  members  rise  at  the  same  time, 
the  President  shall  decide  which  to  hear  first,  giving 
preference  to  the  oldest;  but  no  member  shall  be  entitled 
to  speak  more  than  twice  on  the  same  motion,  except  by 
permission  of  the  body. 

3.  Every  speaker  shall  confine  himself  to  the  matter 
immediately  before  the  body,  and  shall  avoid  offensive 
language  and  personalities..  To  impugn  the  motives  of 
a  member,  or  to  speak  of  him  with  disrespect,  shall  be 
considered  a  breach  of  order. 

4.  When  a  member  is  speaking,  he  shall  not  be 
interrupted,  unless  he  be  out  of  order,  or  to  request  his 
permission  to  explain  a  misapprehension,  or  correct  a 
mistake. 


37 


5.  When  a  speaker  is  called  to  order  by  the  President, 
he  must  at  once  desist.  If  called  to  order  by  another, 
the  President  shall  decide  whether  or  not  the  point  of 
order  be  well  taken;  and  if  appeal  be  made  from  the 
decision  of  the  Chair,  the  member  having  the  floor  shall 
take  his  seat  until  the  question  on  the  appeal  is  decided, 
no  debate  on  it  being  admissible. 

6.  A  speaker  may  at  any  time  call  for  the  reading  of 
the  proposition  before  the  body,  or  if  any  papers  or 
documents  haveing  reference  to  the  point  in  hand. 

VI. — Of  Voting  and  Protest- 

1.  Every  member  present  is  in  duty  bound  to  vote  on 
all  questions  submitted,  unless,  for  given  or  obvious 
reasons,  the  body  shall  excuse  him  from  voting. 

2.  If  a  member,  or  members,  be  dissatisfied  with  the 
decision  of  the  majority,  and  desire  to  record  his  (or 
their  dissent,  he  (or  they)  may  have  his  (or  their)  name 
(or  names)  entered  on  the  minutes  as  dissenting.  If  it 
is  desired  a  written  protest,  if  couched  in  brief  and 
respectful  terms,  of  which  the  house  is  the  judge,  may 
be  inserted  in  the  minutes;  but  the  body  may  insert  such 
answer  along  with  the  protest  as  it  may  deem  necessary 
in  the  case. 

VII. — Of  the  Foregoing  Rules  of  Order. 

1.  These  Rules  of  Order  shall  be  in  full  force  and 
application  in  the  Synodical  Sessions,  Ministerial  Sessions 
and  the  Sessions  of  the  District  Conferences. 

2.  They  shall  not  be  altered  or  amended  except  at  a 
regular  Annual  Meeting  of  the  Synod,  and  by  a  vote  of 
two-thirds  of  the  members  present. 


38 


BY-LAWS. 

1.  In  Parliamentary  practice,  in  any  case  that  our 
Rules  of  Order  do  not  decide.  Smith's  Diagram  of  Par- 
liamentary Rules  shall  be  our  guide. 

Ministers  in  good  standing  in  other  Synods,  who  may 
be  present  or  who  appear  as  delegates  from  other 
Lutheran  Synods,  may  be  received  as  advisory  Inembers, 
but  they  cannot  vote  in  any  of  the  decisions  of  Synod. 

Courteous  recognition  of  ministers  not  of  the  Lutheran 
Church  may  be  taken  by  inviting  them  to  a  seat  within 
the  bar  of  Synod,  and  receiving  their  names  as  having 
been  present  at  any  session  of  Synod. 

2.  Vacant  churches,  or  pastorates,  are  entitled  to 
representation  by  a  lay-delegate. 

3.  In  accordance  with  the  Formula  of  Government 
and  Discipline,  chap.  vi..  sec.  3,  Church  Councils  should 
require  every  member  of  their  respective  churches  to 
contribute  to  the  support  of  the  Pastor,  except  such  as, 
in  their  judgment,  are  too  poor  to  do  so. 

4.  When  a  pastor  is  called  to  a  vacant  charge  the 
Council  or  Councils  should  be  governed  by  the  Formula 
of  Government  and  Discipline,  chap,  vi.,  sec.  5. 

5.  No  Minister  in  connection  with  this  Synod  shall 
take  charge  of  a  vacant  church,  or  pastorate,  until  it  has 
satisfactorily  met  its  obligations  to  its  former  Pastor. 

6.  In  each  case  of  Confirmation  or  Baptism  the 
Council  ought  to  furnish  the  Baptized  or  Confirmed 
person  with  a  certificate  of  the  same;  signed  by  the 
Pastor. 

7.  The  following  order  shall  be  observed  by  Pastors 
reporting  on  the  state  of  the  Church: 

(1).  Attendance  upon  the  preached  Word — attention 
thereto — and  observance  of  the  Sacraments. 

(2).  Increase  of  membership  by,  (a)  confirmation,  (b) 
certificate,  (c)  restoration. 

(3).  Loss  in  membership. 

(4).   Sunday-schools  and  catechetical  classes. 


39 


(5).  Financial  contributions  to  benevolent  causes  and 
Church  purposes — increase  or  decrease. 

(G).  Miscellaneous  matter — special  services — church 
troubles — hopeful  prospects,  etc. 

(7).  Indications  of  piety  —  growth  or  decline  of 
spiritual  life. 

8.  The  President  of  each  of  our  educational  institu- 
tions shall  report  the  religious  condition  of  the  students 
under  his  care. 

9.  The  Secretary  shall,  previous  to  the  annual  meeting 
of  Synod,  solicit  bids  for  the  publication  of  the  Minutes, 
with  specification  of  the  time  for  the  completion  of  the 
work,  and  make  contract  for  the  same  on  the  basis  of 
the  number  of  copies  printed  the  previous  year;  which 
contract  shall  be  placed  in  the  hands  of  his  siiccessor  in 
office. 

10.  The  officers  of  Synod  shall  be  installed  in  office 
by  the  retiring  President  according  to  the  Formula 
appended  to  this  Constitution. 

11.  The  cause  of  Missions  is  deemed  such  an  impor- 
tant part  of  our  Church  work  as  to  entitle  it  to  receive 
the  special  consideration  of  Synod;  and  a  special  time 
shall  be  set  apart  at  each  meeting  of  Synod  for  a  sermon, 
or  addresses  on  the  subject,  either  of  Home  or  Foreign 
Missions,  or  both.  Each  pastor  shall  also  present  the 
claims  of  Missions  to  his  people,  and  solicit  contributions 
therefor. 

12.  Synod  shall  co-operate  with  the  General  Body 
with  which  it  is  in  connection,  in  establishing  and 
sustaining  important  Missions  that  may  be  set  on  foot 
by  that  body. 

13.  It  shall  endeavor  to  build,  up  self-sustaining 
congregations  at  such  points  within  its  own  borders 
where  a  sufficient  number  of  our  members  are  located  to 
justify  an  organization. 

1-4.  Important  city  mission  points  within  our  territory 

should  be  presented  to  the  attention  of  the  General  Body. 

15.  The  cause  of  Foreign   Missions   should   be   com- 


40 

mended  to  our  people,  and  earnestly  prosecuted  accord- 
ing to  our  ability. 

16.  The  education  of  young  men  for  the  Ministry 
shall  be  deemed  a  necessary  part  of  our  Church  work, 
and  shall  receive  the  annual  consideration  of  Synod,  and 
shall  be  publicly  presented  in  like  manner  with  the  cause 
of  Missions  as  indicated  in  By-Law  11. 

17.  Each  applicant  for  aid  shall  be  examined  by  the 
Executiue  Committee  or  by  the  Ministerium,  with 
reference  to  his  personal  piety,  his  motives  for  seeking 
the  office  of  the  Ministry,  his  attachment  to  the  Con- 
fessions of  our  Church,  his  need  of  aid,  and  his  disposi- 
tion to  do  all  that  he  is  able  to  maintain  himself,  his 
general  habits,  prudence,  studies,  talents,  gifts  in  public 
speaking,  and  his  willingness  to  submit  to  the  direction 
of  Synod. 

18.  Only  upon  the  recommendation  of  the  Ministerium, 
or  of  the  Executive  Committee,  shall  a  candidate  for  the 
Ministry  be  received  upon  the  funds  of  Synod. 

19.  We  adopt  it  as  a  general  principle  that  such 
approved  young  men  should  be  prepared  for  the  Minis- 
terial office  by  a  regular  collegiate  and  theological  course 
of  study;  and  when  necessary  they  should  be  aided 
during  their  course  of  study  by  appropriations  out  of  the 
Synodical  Fund,  or  out  of  the  fund  specially  contributed 
for  this  purpose. 

20.  Each  beneficiary  shall  execute  a  bond  to  the 
Treasurer,  to  pay  to  Synod  the  amounts  as  severally 
received  by  him,  with  interest  from  date,  in  the  event  he 
should  not  enter  the  ministry,  abandon  the  work,  be 
deposed,  or  unite  with  another  denomination  [before  the 
expiration  of  seven  years  faithful  service;  but  such  seven 
years  faithful  service  as  a  Lutheran  minister  shall  cancel 
his  obligations,  and  his  bonds  shall  be  returned  to  him. 


41 


AN   ORDER   FOR   THE   INSTALLATION     OF 
SYNODICAL    OFFICERS. 

Dear  Brethren :— You  have  been  duly  elected  by  the 
members  of  this  Synod  as  its  officers.  As  your  brethren 
have  thus  shown  that  they  confide  in  your  ability  and 
readiness  to  discharge  with  fidelity  the  duties  of  the 
offices  to  which  you  have  been  chosen,  in  a  manner 
satisfactory  to  themselves,  it  is  with  pleasure  that  we  now 
officially  invest  you  with  these  several  offices. 

To  the  President  we  entrust  the  Constitution  of  Synod 
and  its  official  seal.  It  will  be  your  duty  to  see  that  the 
Constitution  is  observed  and  enforced — to  preserve  the 
seal  of  Synod  and  use  it  only  as  the  Constitution 
warrants  you  to  do — to  preside  over  the  deliberations  of 
this  body,  and  conduct  its  business  in  a  regular  and 
orderly  manner. 

It  will  be  the  duty  of  the  Vice-President  to  relieve  the 
President  of  the  duties  of  the  chair  at  short  intervals  if 
he  so  desires;  and  should  the  President  or  Secretary 
resign,  depart  this  life,  cease  connection  with  Synod, 
remove  beyond  its  limits,  or  be  disabled  from  the  duties 
of  their  respective  offices,  it  will  be  your  duty  to  succeed 
them  in  office  and  discharge  the  duties  of  the  same 
according  to  the  Constitution. 

It  is  the  duty  of  the  Secretary  to  make  and  preserve 
a  true  record  of  the  proceedings  of  this  Synod,  and 
conduct  its  official  writing  and  public  correspondence. 
He  shall  also  attest  the  protocol  and  see  that  all  impor- 
tant papers,  together  with  the  printed  minutes  are  de- 
posited with  the  Archivarius. 

To  the  Treasurer  is  committed  the  Finances  of  Synod 
for  safe  keeping  and  disbursement  only  as  authorized  by 
Synod,  or  by  the  President,  attested  by  the  Secretary ;  or 
in  certain  cases  by  the  Executive  Committee. 

You,  and  each  of  you,  will  find  your  official  duties 
more  fully  defined  in  the  Constitution,  and  it  will  be 
your  duty  to  make  yourselves  familiar   with  these   that 


42 


you  may  the  better  discharge  the  duties  that   pertain   to 
your  respective  offices. 

And  in  order  that  the  members  of  this  Synod  may  be 
certified  of  your  willingness  to  perform  the  duties  of 
your  several  offices  to  the  best  of  your  ability,  you  will 
now  in  the  presence  of  God  make  your  willingness  known 
by  saying,  Yes. 

LET    US    PRAY. 

O  Lord  Jesus  Christ,  who  art  the  Chief  Shepherd  and 
Bishop  of  the  flock  which  Thou  hast  purchased  with  Thy 
blood,  we  thank  Thee  that  Thou  hast  established  Thy 
Church  upon  the  earth,  and  that  amidst  many  persecu- 
tions and  violent  assaults,  Thou  hast  hitherto  protected 
it  against  the  gates  of  hell,  and  more  and  more  extended 
it  among  men:  We  thank  Thee  that  we  have  been  born 
within  this  Church  and  that  Thou  dost  continue  to  dis- 
pose men  to  labor  in  Thy  Church,  and  faithfully  to  pro- 
vide for  its  temporal  and  spiritual  welfare.  Continue  to 
preserve  it  and  bless  it,  we  beseech  Thee;  and  let  Thy 
Word  dwell  in  Thy  people  richly  in  all  wisdom,  and 
make  it  efficacious  in  carrying  on  Thy  work  of  grace  in 
our  souls.  Vouchsafe  Thy  grace  and  favor  unto  these 
brethren,  who  have  been  duly  elected  to  important 
offices  in  this  Synod,  and  who  are  now  before  Thee 
assuming  the  solemn  responsibilities  of  their  several 
offices.  Enlighten  and  guide  them  by  Thy  Holy  Spirit, 
that  they  may  know  Thy  will,  and  that  their  services  to 
the  Synod  and  Church  may  redound  to  their  good  and 
Thy  praise.  Fill  their  hearts  with  love  to  Thee,  to  Thy 
Word,  and  their  brethren  whom  they  are  to  aid  by  their 
counsels  and  active  services;  that  so,  ever  seeking  help 
from  Thee,  by  faith,  they  may  with  alacrity  and  cheer- 
fulness perform  the  duties  of  the  several  offices  to  which 
they  have  been  chosen.  Hear,  O  Lord,  and  answer  our 
prayers,  for  the  sake  of  that  love  wherewith  Thou  lovest 
us.     Amen. 

The  President  giving  his  hand  to  each  of  the  officers, 
says : 


43 


I  wish  you  the  blessing  and  guidance  of  God  in  the 
ixercise  of  your  office.  May  the  Lord  direct  and  assist 
ou  by  His  Holy  Spirit:  May  He  counsel,  and  strengthen,, 
md  encourage  you  to  labor  diligently  for  the  prosperity 
md  welfare  of  this  Synod  and  the  congregations  under 
ts  care,  and  to  fulfill  with  fidelity  your  respective  duties, 
^nd  be  assured  that  He  who  is  faithful  and  just  to 
eward  those  who  serve  Him  with  uprightness  and 
idelity,  will  bless  your  labor  and  grant  you  in  time  and 
n  eternity,  a  recompense,  according  to  His  great  good- 
less. 

You  will  now  be  conducted  to  your  several  stations,. 
nd  at  once  enter  upon  the  discharge  of  the  duties  of 
■our  respective  offices. 


STANDING  RESOLUTIONS  OF  SYNOD. 

1.  That  this  Synod  recommends  to  the  Church  Coun- 
ils  the  propriety   of  adopting   the   plan  of  collecting 

'astor's  Salary  by  assessment. 

2.  That  in  accordance  with  the  Church  Discipline, 
Chapter  VI.,  Section  3,  the  Church  Councils  be  instructed 
o  require  every  member  of  the  Church  to  contribute  to 
he  support  of  the  Gospel,  except  such  as  in  their 
udgment  are  too  poor  to  do  so. 

3.  That  no  charge  in  connection  with  this  Synod  shall 
all  a  pastor  until  it  has  made  a  satisfactory  settlement 
nth  the  former  pastor  as  to  salary. 

4.  That  hereafter  when  a  pastor  is  called  to  a  vacant 
harge,  the  Council  be  governed  by  the  discipline  of  the 
Church. 

5.  That  the  courteous  recognition  of  the  presence  of 
binisters,  not  of  the  Lutheran  Church,  be  taken  by 
ecording  their  names  in  the  Minutes  as  having  been  in 
ttendance  upon  the  sessions  of   this  Body. 

6.  That  we  recommend  a  certificate  be  given  in  each 


44 


■case   when  a    Pastor     administers     the     Sacrament 
Baptism   or   the  rite  of   Confirmation. 

7.  That  any  young  man  receiving  aid  from  tb1. 
Synod  shall  execute  a  bond  to  the  Treasurer  to  p^ 
back  in  full  to  Synod,  with  interest,  the  amounts  i 
severally  received  by  him  during  the  prosecution  of  1 
studies  in  the  event  he  voluntarily  abandons  the  actr 
work  of  the  ministry,  is  deposed,  or  unites  with  anoth 
denomination,  before  the  expiration  of  seven  yeai 
faithful  services — such  seven  years'  faithful  service  as 
Lutheran  minister  to  be  considered  a  cancelling  of  b 
bond. 

8.  That  as  there  is  a  lack  of  system  in  the  report 
aud  that  as  no  report  whatever  concerning  the  state 
growth  of  piety,  in  any  of  our  institutions,  has  bec-i 
submitted  to  the  committee,  and  as  it  is  the  duty  of  i 
one  especially  to  do  so,  and  as  system  in  all  thing, 
lightens  the  burdens  of  work  and  economizes  tim 
your  committee  would  recommend  that  hereafter  tl 
following  order  should  be  observed  in  reportinj 
1.  Attendance  upon  the  various  means  of  grace,  su< 
as  public  worship,  the  attention  paid  thereto,  and  t] 
observance  of  the  Sacrament  of  Baptism  and  the  Lord 
Supper;  2.  Giving  the  number  in  the  increase  of  meri 
bership  by  confirmation,  from  other  churches,  and  I 
restoration,  as  well  as  loss  in  membership,  the  cod 
dition  of  the  Sunday-school  and  catechetical  clas: 
3.  The  increase  or  decrease  in  financial  contribution 
for -benevolent  objects  and  to  church  purposes;  4.  Iten 
of  special  signification  or  miscellaneous  matter,  such  i 
special  services  held,  questions  on  church  troubles,  etc 
5.  Growth  or  decline  of  spiritual  life  and  indications  < 
piety;  6.  That  the  President  of  each  of  our  Institutioi 
be  required  to  report  to  Synod  on  the  religious  conditic 
of  the  students  in  our  schools  of  learning. 

9.  That   the  Kecording  Secretary  be    authorized 
award  the  contract  for  printing  Minutes  of  each  Sync 
before  the  assembling  of  Synod. 


45 

10.  That  we  hereby  endorse  the  plans  and  constitu- 
>ns  used  in  the  organization  of  Children's  Societies  and 
Oman's  Societies. 

11.  That  we  recommend  the  plans  and  constitution 
as  used,  to  our  pastors  and  people  where  organizations 
jve  not  yet  been  effected. 

12.  That  the  money  from  the  Children's  Missionary 
cieties  be  sent  to  the  Treasurer  of  Synod,  marked, 
Ihrildren's  Fund  for  Foreign  Missions,""  and  that  the 
tounts  thus  collected  be  accredited  upon  the  assess- 
es of  the  various  congregations  for  Foreign  Missions. 

13.  That  any  person  wishing  to  become  a  beneficiary 
this  Synod  be  required  to  present  his  request  to  Synod 
person,  if  possible,  or  through  his  pastor,  and  that  he 
some  a  beneficiary  of  Synod  only  after  he  has  been 
bided  worthy  of  aid,  by  a  majority  vote  of  Synod. 

L4.  That  the  granting  of  letters  of  dismissal  from  the 
itheran  Church  is  contrary  to  the  right  usage  of  our 
irch. 

15.   That  the  President  at    the    conclusion    of    each 
mal  meeting  of  Synod  appoint  two  brethren,  one   the 
ncipal  the   other   the    alternate,  to  prepare    and    to 
ach  the  Ordination  Sermon  at  the  next  convention. 
6.  That  each  cougregation  be  requested  to  report   to 
lod  all  communing  members  whose  connection  has  not 
n  dissolved  by  letter  or  excommunication. 
!7.   That  the   pastors  in  reporting  on  the  state  of   the 
tch,    shall    follow  the   prescribed  order,     and    shall 
Imit  to  writing,  and  read  all  that  they  wish  to  report 
Synod;  but   that  it  be  left  optional  with    the    lay- 
kgates  to  report  verbally  or  in  writing. 


INDEX. 

Chapter  I. — The  Synod: 

i.  The  Faith 

2.  The  Membership 

3.  The  Duties  and  Powers 

Chapter  II. — The  Distribution  of  Functions  and  Powers: 

1.  The  Synod 

2.  The  Ministerium 

3.  The  District   Conferences 

Chapter  III.— The  Officers: 

1.  The  President 

2.  The  Vice-President 

3.  The  Secretary 

4.  The  Treasurer 

Chapter  IV. — Voters  and  Elections 

Chapter  V. — Committees: 

1.  The  Executive  Committee 

2.  The  Examining  Committee 

Chapter  VI . — Institutions 

Chapter  VII. — Examination  and  Reception  of  Members: 

1.  Reception  of  Ministers 

2.  Reception  of  Congregations 

Chapter  VIII. — Ministers 

Chapter  IX.- — Congregations 

Chapter  X. — Discipline: 

1.  Offences 

2.  Penalties 

3.  Processes  against  a  Minister 

4.  Appeals 

Chapter  XL — The  Order  of  Business 

Chapter  XII.— The  Archives 

Chapter  XIII. — The  Seal,  Constitution  and  By-Laws  .    . 
Chapter  XIV. — Rules  of  Order: 

1.  Duties  and  Privileges  of  the  President  . 

2.  Motions 

3.  Privileged  and  other  Questions  .... 

4.  Committees  and  their  Reports 

5.  Debate 

6.  Voting  and  Protest 

7.  The   Foregoing  Rules   of  Order  .... 

By-Laws 

Order  for  Installation  of  Synodical  Officers  . 
Standing  Resolutions   of    Synod 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00034020336 

This  book  must  not 
be  taken  from  the 
Library  building. 


Form  No.  471 


